Tama County Court News

April 13, 2012

The former administrator of Country Living Care Center, rural Toledo, Terri Lynn Mayo, has received deferred judgments over the objection of the Tama County Attorney’s Office. Judge Patrick R. Grady placed Mayo on probation for five years in handing down the sentences on March 30 in Tama County District Court in Toledo. He ruled based on no prior record for Mayo and the deferrals being the best chance for rehabilitation of the defendant. Mayo, 58, rural Toledo, pled guilty to two counts of 2nd degree theft on Jan. 12. She was ordered to pay victim restitution totaling $27,839 to the Country Living Care Center. The repayments is to be made at the rate of $200 per month. She was also assessed a pair of $750 civil penalties which were suspended. Mayo’s case surfaced following a state audit of Country Living Care, the findings of which were released on Oct. 21, 2010. The audit claimed improper spending by Mayo on Country Living credit cards totaling $14,640, improper payroll payments of $7,414 and improper reimbursements of $5,242. As a result, the Tama County Sheriff’s Office first charged Mayo with 1st degree theft and conspiracy on Nov. 16. On March 3, 2011, a Tama County Grand Jury indicted Mayo on two counts of 2nd and one count of 3rd degree theft. Additionally, the audit charged Mayo did not perform her job duties resulting in a total of $269,516 due from Country Living to the Internal Revenue Service, Iowa Department of Inspections and Appeals and for Iowa withholding taxes. Problems at Country Living Care, the former Tama County Home, first surfaced in April, 2009, when the citizen board in charge of the operation asked to resign because of financial difficulties. The 40-resident facility was soon taken over by Genesis Development, a non-profit administrator, and continues to run as Pheasant Ridge Care Center. Also before Judge Grady: Glenn Curtis Lanphier, 45, addresses of Clutier, Albia and Oskaloosa, entered written guilty pleas to charges of prostitution and credit card fraud. He was sentenced to suspended two-year prison terms and $625 fines on each charge. Lanphier was also placed on unsupervised probation for five years. He was directed to make $100 restitution for cash and $485 for a laptop computer to whom court records identify as a girlfriend. Lanphier was charged on June 20 for the alleged unauthorized use of a credit card belonging to a girlfriend to obtain cash from an automatic teller machine at a Traer bank. The transaction was recorded on bank surveillance video according to the complaint filed by Tama County Deputy Sheriff Craig Karr. Lanphier also was charged with prostitution on July 7. Lanphier orginally reported to the Sheriff’s Office a woman allegedly stole the property from his residence. Court records state he admitted to Tama County Deputy Sheriff Bruce Rhoads he had solicited a prostitute from the Waterloo area who came to his Clutier residence. He reportedly paid her $450 cash for a sex act which did not take place. Wyatt L. Sheridan, 25, Toledo, admitted to contempt of court for violation of terms of probation. He was sentenced to 40 days in jail with credit for 40 days already served. Sheridan’s term of probation was extended to March 29, 2013. He did not attend probation job-related sessions on several occasions leading to the contempt charge court records indicate. Sheridan pled guilty to a charge of harassment in April ,2011 for texting threatening messages. He was assessed a fine and placed on probation for one year at that time. The charge was filed by Meskwaki Nation Tribal Police. Seger Tyrone Brown, 33, Tama, entered written guilty pleas to charges of 2nd offense domestic abuse and child endangerment. He was sentenced to 30 days in jail on each charge to be served concurrently and fined a total of $1,250. Brown was originally charged on Dec. 5, 2011, with 3rd offense domestic abuse assault and child endangerment by Tama Police Chief Dan Wilkens. Timothy Dale Howe, 48, Chelsea, entered a written guilty plea to a charge of malicious prosecution. He received a suspended 30-day jail sentence and a fine of $315 was also suspended. Howe was charged on Nov. 11, 2011, for allegedly furnishing false information with the intent that it be used in the trial of another (thereby) committing obstruction of justice. the charge was filed by Tama County Deputy Sheriff Bryan Ellenbecker. Derek Lee Rocarek, 31, Cedar Rapids, entered an Alford Plea to a charge of operating a motor vehicle without the owner’s consent and a written guilty plea to operating while barred as a habitual offender. An Alford Plea is not an admission of guilt on the part of a defendant but allows there is likely sufficient evidence to gain a conviction in court. Rocarek received suspended two-year prison terms. Fines of $625 on each count were also suspended. He was charged on May 21, 2011, in the 900 block of Grant Street by Tama Police Detective John Carr. Cody Allen Ayers, 21, Atkins, entered a written guilty plea to possession of marijuana. He received a deferred judgement, was assessed a $315 civil penalty and was placed on probation for one year to the 6th Judicial District Department of Correctional Services. Ayers was charged on Sept. 25, 2011, by Meskwaki Nation Tribal Police Officer Lee Posusta. Sean Eric Kapayou Jr., 22, rural Montour, entered written guilty pleas to charges of 2nd offense drunken driving and driving while barred. He was sentenced to two years in prison with all but seven days suspended on the drunken driving charge and fined $1,875 which will be suspended if he successfully completes two years probation. He received a suspended, two-year term for driving while barred and was fined $625. Kapayou was charged on Nov. 24, 2011, at Business Highway 30 and Prospect Drive by Toledo Police Chief Jeff Harnish. Tyler Gail Dunlap, 23, Swisher, Iowa, pled guilty to 1st offense drunken cdriving. He received a deferred judgement, was placed on unsupervised probation for one year and assessed a $1,250 civil penalty. Dunlap was directed to complete a drinking drivers program. He was charged on April l29, 2011, on U.S. Highway 30 at K Avenue by Toledo Police Officer Ben Engle. Rusty Eugene Sawyer, 31, Montour, entered a written guilty plea to 2nd offense drunken driving. He received a two year sentence which was modified for placement in a facility for treatment of drinking drivers in Marshalltown. He was fined $1,875 and his driver’s license was revoked for six years. Sawyer was originally with 3rd offense drunken driving on Oct. 4, 2011 in the 300 block of East Lincolnway in Montour Tama County Deputy Sheriff Joe Quandt.